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Selectmen Minutes 09/18/2007
Chichester Board of Selectmen
September 18, 2007                                                                                                                                                                                                                                                                                

MEMBERS PRESENT:  Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.  

Chairman Colbert opened the meeting at 7:00pm.  The meeting began upstairs in the main hall due to the large amount of attendees.

SUBJECT: Joint Session with Planning Board – outstanding items Giuda/Merrill subdivisions
PRESENT: Planning Board members – Brad Towle; Chair, David Kenneally, Tom Jameson, Richard Moore, Fred Ruoff, Joanna McIntosh, Chris Weir, secretaries Andrea Deachman and Jamie Pike along with several members of the general public  

Chairman Colbert informed those in attendance that this was a work session between the two boards to discuss the outstanding points of the proposed subdivision applications from Brandon Giuda and Frank Merrill.

Chairman Colbert stated the Selectmen have asked town counsel for clarification of ownership of the right of way at the end of Perry Brook Road.  No response has been received to date. Clarity is needed on the process to relocate the portion of Perry Brook Road that will connect to the new subdivision, should that be an option.  Would it constitute a layout of a road or fall under the Planning Board’s authority as part of the roads laid out within a subdivision.  What becomes of the abandoned section of land at the end of the cul de sac if the location of the right of way changes.  

Acceptance of Healy Pasture Road as a town road has not been decided upon by the Selectmen as yet.  The Board is awaiting a recommendation from CLD.

Planning Board Chairman Bradley Towle read from a list of outstanding items compiled by the members of the Planning Board during a work session held last evening:
Completion of the deed conveyance for the new proposed right of way.

CLD recommendations as to the road specifications and plan details (refined during a meeting with the applicants engineers and CLD) Mr. Towle, Mr. Kenneally and Mr. Weir attended that meeting as well as Mr. Giuda.  The traffic study remains outstanding and clarification on whether or not the newly proposed right of way necessitates the need for a lot line adjustment or a subdivision.

Copies needed of any and all plans submitted to NHDES.  DES still has to review and approve the Wetlands Applications.

A current copy of the Declaration of Condominium including all corrections/changes.

Current subdivision plans that include-removal of map 10, lot 9A; removal of all well radii within the public right of way; utility trench layout/design; preliminary driveway locations.

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A copy or the submission of the EPA Storm Water Permit Application.  

A working set of conceptual road plans.

A vote at the October Planning Board meeting is necessary in order to meet the sixty-five day deadline for the Planning Board to act on these subdivision applications. The applicant has requested the Planning Board consider conditional approval in October.  The Planning Board has voted not to accept conditional approvals. It appears at this point the Planning Board will be asking the Selectmen to grant a ninety (90) day extension to approve or not approve this subdivision.  Chairman Colbert asked that the request be submitted in writing to the Board of Selectmen.  

The Planning Board will be sending a letter to both applicants detailing these points. Mr. Kenneally asked that the turnbuckles required on the end of the guardrails be added to this list of items as this too was discussed at the meeting with the engineers. Mr. Towle will see that this note be added to the list of information being requested from the applicants.

In response, Mr. Giuda offered the following:

The new proposed right of way on Mr. Maguire’s land does not constitute a subdivision.  A subdivision or lot line adjustment is not needed.

Mr. Boulet will agree to purchase the abandoned area at the end of the cul de sac in front of his property.     
This is not a layout of a road.  Contingent upon the recorded deed, the ownership of the new right of way will be transferred to the Town.  This new design is better/safer for the town as long as the town abandons the old right of way.

The Town has a complete set of plans; everything on the plans is the same as the set submitted to DES.  The Town has no oversight on septic systems.  Every area (shown on the plans) is the buildable area; every lot has enough area for a house. Mr. Giuda is not willing to depict buildings and driveways on the plans because they will change.  The applicants have not finalized where the units and clubhouse are going but the plans show they will fit. Why record a plan that is going to change.  

Not granting a conditional approval is a huge setback.  Most towns, say 90 percent, do grant conditional approvals.  There is no reason not to in this case.  The applicants must make application to the Attorney General’s office regarding the Condominium Declaration and they cannot until they have received approval from the Planning Board, this creates a catch 22 situation for the applicants.

Mr. Brian Menard addressed the Selectmen on behalf of residents on Hilliard Road and submitted a signed petition urging the Selectmen to either not connect Healy Pasture Road to Perry Brook Road or require substantial improvements to Perry Brook Road and Hilliard Road prior to opening the road to through traffic.  Mr. Menard stated he is not against the subdivision just the proposed opening up of the road and whose costs the upgrades are.  The developers are not

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willing to address upgrades to Perry Brook, Swiggey Brook or Hilliard Road.  Mr. Menard will present a copy of the petition to the Planning Board at their October meeting.

Mr. Giuda responded by stating that information his engineers are telling him is that studies show the majority of traffic given a choice is going to exit onto a paved road, not Perry Brook Road.  Mr. Giuda feels if you improve Perry Brook Road you are going to increase the traffic flow, the subdivision impact is going to help traffic by dumping out onto the new subdivision road.  

Mr. Menard responded you can’t predict the traffic flow at this point it is all speculation. We residents are asking the town to be proactive.

Chairman Colbert replied that is the purpose of the joint session tonight, the boards are just looking out for the best interests of the town.

The Road Agent, David Kenneally stated that fire suppression issues have not been addressed yet either.

 Chairman Colbert closed discussion of the joint session and announced the meeting would continue downstairs in the Selectmen’s conference room.


The Board discussed the proposed acceptance of Healy Pasture Road.  The Road Agent reported the recommendations from CLD would be to take a core sample to determine what is underneath the pavement to determine the longevity of the road otherwise they can only go by the past reports from Vollmer Engineering when the road was constructed in 2001.

The cracks in the road have not been sealed by Mr. Merrill yet.  The Road Agent would recommend accepting this road when those items just mentioned have been handled.  

Selectman DeBold posed the question of site distance to the Road Agent.  A discussion ensued as to what constitutes a safe site distance.  Selectman DeBold asked the Road Agent if he was not questioning the sight distance for these eight existing houses, why are we requesting the developers of these proposed subdivisions address it.   Mr. Kenneally stated he was not aware the town could request changes at this point in time; this should have or was looked at prior to the subdivision approval of Healy Pasture Road.   

The Board agreed the following items need to be addressed prior to acceptance as a town road; a stop sign needs to be placed at the end of the road; the cracks need to be sealed; a core sample needs to be taken by CLD.  Lisa was directed to forward this in writing to the Road Agent and copy to Mr. Karl Merrill and the Planning Board.

Selectman MacCleery inquired of the Road Agent the status on the Millican Nurseries irrigation project.  The paving still needs to be completed.  Mr. Kenneally will check with Millican’s as to the status.

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SUBJECT: Conservation Commission letters
PRESENT: Brandon Giuda

Mr. Giuda forwarded a written response from his wetlands scientist, Mike Seraikis, clarifying alleged erroneous statements contained in the Conservation Commission letter to the New Hampshire Department of Environmental Services relative to the Wetland Applications filed for the Giuda/Merrill subdivision proposals.

Mr. Giuda again stated his opinion that sending out letters without a courtesy copy to the applicant is wrong and the practice should be stopped.  Mr. Mann’s response letter to the Board of Selectmen does not address the question asked by Mr. Giuda.  Mr. Giuda again requested, the conclusion be withdrawn or show us (Frank Merrill & Brandon) where Mr. Mann got it from, show it or retract it, our plan shows it’s not true, we want the facts addressed.  

The Board directed Lisa to schedule a meeting with the Conservation Commission to discuss this matter.  


The Board discussed the outstanding Impact Fee expenditure requests from the highway and fire department.

Motion Selectman DeBold and second by Chairman Colbert to authorize the expenditure of $9,367.00 from the Highway Department Impact Fee Account and $400.00 from the highway department’s operating budget, for the purpose of constructing a Sander Rack to house the highway department’s mobile equipment.  All three were in favor.  Motion carries.

Motion Selectman MacCleery and second by Selectman DeBold to authorize the expenditure of $18,232.75 from the Fire Department Impact Fee Account for the purpose of purchasing a new twelve (12) lead defibrillator based on the quote received from Medtronics.  All three were in favor.  Motion carries.

The Board discussed their guideline recommendations to departments for the 2008 budget preparations.  The Selectmen agreed to request a flat line operating budget.  Staff increases will be handled separately this year with the department heads. Department Heads will be advised to present a proposal to the Selectmen for pay increases for their employees. Lisa was directed to forward the budget guidelines, worksheets and schedule to all boards, departments and the budget committee.

 The Selectmen reviewed correspondence from Burpee and will take the issue under advisement.  Lisa will write a response.

The Board directed Lisa to send a memo to the Planning Board inquiring the statute of the CIP (Capital Improvement Program) update.

The Board directed Lisa to contact the Town Organization Committee and request that they schedule and host the regional meeting of the Select Boards.

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The Board directed Lisa to send a letter to the Pittsfield Selectmen requesting a time to walk the town boundaries.

The minutes of September 4, 2007 were approved as written.

The minutes of September 11, 2007 were approved with corrections.

The Board signed accounts payable and payroll.

Being no further business, the Chairman adjourned the meeting at 10:11pm.

Respectfully submitted,

Lisa Stevens

______________________  ________________________    ___________________
David Colbert, Chairman Richard DeBold              Stephen MacCleery

                                                APPROVED AS WRITTEN

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